SALIK RAM Vs. STATE OF U P

JUDGEMENT

(1.) Learned counsel for the petitioners is directed to implead the concerned Gaon Sabha during the course of the day and serve a copy of the writ petition upon the learned counsel appearing for the Gaon Sabha. Heard Sri P.K. Vishwakarma, learned counsel for the petitioner, Sri C.S. Singh, learned Additional Chief Standing Counsel appearing for the State-respondents, Sri R.A. Yadav, learned counsel appearing for the caveator, Sri Rajesh Kushwaha, learned counsel for the respondent No. 3 and Sri M.K. Yadav, learned counsel for the Gaon Sabha.

(2.) Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 20.3.2014 passed by respondent No. 2 in Appeal No. 21 of 2013 (Sanjay and others v. Salik Ram and others) by which the delay in filing the appeal has been condoned and the earlier interim order dated 22.8.2013 for maintaining status quo has been made operative till the pendency of the appeal.

(3.) The facts giving rise to the present case are that respondent Nos. 3 and 4, Sanjay and Rajmani have filed Suit No. 98/127 (Rajmani and others v. Muniraj and others) under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short the Act) before the Sub Divisional Officer Jaunpur. The aforesaid suit was dismissed vide judgment and order dated 20.6.2011 holding it to be not maintainable being barred by Section 49 of the U.P. Consolidation of Holdings Act, 1953. Against the aforesaid judgment a review application was filed which was allowed on 27.4.2012. Challenging this order a revision was filed which was numbered as Revision No. 111 of 2012 (Smt. Patti Devi and others v. Rajmani and others). The revision was allowed on 27.8.2013.